P.I. Grille Owner Ordered to Fix Damage

Tuesday October 17, 2023

Plum Island Grille Sign

PLUM ISLAND – Plum Island Grille owner Frances Broadberry said farewell to his remaining customers on Oct. 1 with a four-hour party that featured a cash-bar, light food and live music.
The next day, Broadberry brought a crew with power tools and ripped out three bars in the restaurant, including the main bar, a hand-drawn replica of the beach and marsh.
Broadberry claimed last week in Newburyport District Court that the bars belonged to him, which was disputed by the landlord.
In a Facebook post, he wrote: “STAY tuned for BIG PLANS IN THE NEAR FUTURE!!! One Truly amazing chapter of The Grille closes and another one about to Open.”
Real estate sources said this week Broadberry plans to open a restaurant in Salisbury.
Broadberry had been evicted from the Plum Island Grille for failure to pay rent for months. He was operating the restaurant while he appealed the eviction before he lost that appeal.
Judge Peter Doyle held Broadberry in contempt for failing to pay $7,524.56 to the landlord for use of the restaurant during October.
The judge also ordered Broadberry to vacate the grille by Nov. 1, after repairing “all damage to the inside of the property that occurred during the Plaintiff’s tenancy.”
Broadberry, who has been the chef at the grille for 21 years, was also ordered to leave the restaurant, storage sheds and coolers, in “broom clean condition.” That includes the grease trap.
The next hearing before Judge Doyle is Nov. 2.
“If a fixture is so attached to the structure that it requires a chain saw for removal, it is clearly not a trade fixture and the tenant has no right to remove it, nor a right to cause massive structural damage in doing so,” wrote Mark Friery, the owner of the building and one-time partner of Broadberry, in a police report.
On Oct. 5, Friery, accompanied by a contractor and real estate agent Frank Bertolino of North Shore Realty, called the Newbury police when he found the restaurant vandalized.
In a report to the police, Friery wrote: “The entire place was a filthy mess, complete with horrible smells, two decaying rats, grime everywhere.”
Friery showed the police officers that a 20-foot custom mosaic bar, a 10-foot mahogany extension to that bar, an approximately 30-inch custom mahogany bar and a 20-inch elbow bar had been jaggedly cut from the walls they were attached to.
Broadberry’s crew had also removed rooftop signs, including a decorative surfboard that had greeted visitors to Plum Island for decades.
They “had been removed the hard way,” Friery wrote in his report. “One picture (given to police) showed a chain saw case and replacement blade, the likely removal tool.”
In his Facebook post, Broadberry announced, “After 21 years at the helm of The Grille it is with a very heavy heart that I announce that due to legal difficulties with the landlord, I will be closing The Plum Island Grille September 30th, 2023.
“The Grille has become a central place of gathering for the local community and far beyond. A place to share stories, relax, celebrate, share grief but most importantly a place to share laughs and love with good company (and food, I hope).”
The Town Common toured the closed restaurant and confirmed the damage done to the bars and walls they were attached to. There was extensive trash, including two dead rats, and a general state of uncleanliness on the walls and ceiling.
The custom painted bar was thrown in the backyard. In addition to the walls and ceiling, the cooktops, coolers and the grease trap had not been cleaned. Storage sheds were filled with trash and other discarded items. The dumpster was partially filled with trash.
The future of the property on the corner of the turnpike and Sunset Drive is unclear.
Bertolino, a veteran commercial and residential Realtor, who has been trying to sell the property for months, believes that the chance of selling it to a restaurateur after the damage Broadberry did is unlikely.
He suggested that the best use of the property, close to the ocean and overlooking the marsh, would be residential.
Friery has asked a contractor to assess the damage. “Having been involved in many construction projects, I would estimate $75,000 to $100,000 to address what was visible to me,” Friery told the police. But there may be other damage, “given the brutal nature of the removal is highly likely.”

Plum Island Grille Interior Damage - 1

Plum Island Grille Interior Damage – 1

Plum Island Grille Interior Damage - 2

Plum Island Grille Interior Damage – 2

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